Conceptualizing Coercive Indoctrination in Moral and Legal Philosophy

Criminal Law and Philosophy 16 (1):153-179 (2022)
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Abstract

This paper argues that there are compelling grounds for thinking that coercive indoctrination can defeat or mitigate moral culpability in virtue of being a form of non-culpable moral ignorance. That is, I defend a two-tier account such that what excuses an agent for a wrongful act is the agent’s ignorance regarding the moral quality of their act; and what excuses the defendant for their ignorance is that coercion or manipulation deprived the defendant of a fair opportunity to avoid that ignorance. I further argue that criminal defense theory would better track moral culpability were it to broaden existing defenses whose desert-base is moral ignorance—such as insanity or mistaken-belief self-defense—to include non-culpable ignorance due to diminished situational control. In this way, criminal law can plausibly recognize a defense of coercive indoctrination without postulating any new categories of defense.

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Evan Tiffany
Simon Fraser University

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References found in this work

Responsibility and Control: A Theory of Moral Responsibility.John Martin Fischer & Mark Ravizza - 1998 - New York: Cambridge University Press. Edited by Mark Ravizza.
Ethics without principles.Jonathan Dancy - 2004 - New York: Oxford University Press.
The Significance of Free Will.Robert Kane - 1996 - New York, US: Oxford University Press USA.
Freedom Within Reason.Susan Wolf - 1990 - New York: Oup Usa.

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